The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.

Punishment -- Culpable mind -- Culpable action -- Responsibility for harm -- Liability for public welfare offences -- Justification -- Excuse -- Detention after acquittal -- The unity of the penal law.

This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of (...) competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth. (shrink)

Constitutional Goods de Alan Brudner es un documentado estudio de teoría constitucional que aspira a elaborar el modelo de constitución ideal para el liberalismo político capaz de suscitar la adhesión de las diversas escuelas y tradiciones filosófico-políticas que debaten a propósito del sentido de la razón pública en las democracias constitucionales o los principios básicos que deberían de inspirar la acción de sus gobiernos. Brudner intenta elaborar un modelo de razón pública que suscite un consenso convergente de (...) esas escuelas (liberalismo clásico, igualitarismo, formas liberales del comunitarismo, etcétera), esto es, un tipo de consenso al que, a diferencia del consenso superpuesto de Rawls, se llega a partir de los propios compromisos filosóficos, con lo que no se obliga a velarlos al momento de su elaboración. Para ello mostrará, en un ejercicio de ref inada dialéctica, como las versiones extremas del liberalismo clásico, del igualitarismo o del comunitarismo degeneran en teorías políticas tendencialmente despóticas e incongruentes con sus propios postulados fundamentales. Por ese motivo, todas esas teorías deberían de terminar convergiendo en un modelo de constitución inclusiva elaborada sintéticamente a partir de sus elementos más valiosos. El texto que sigue corresponde al capítulo introductorio de la obra y en él se dan detalles del método de criba de los principios ideales del liberalismo político, de las distintas teorías llamadas a participar en la construcción de la constitución liberal ideal y de otros aspectos relevantes del conjunto de la obra. (shrink)

This chapter contains sections titled: Introduction The Ideal Form of Mutual Recognition Hegel's State of Nature De Facto Authority De Jure Authority Legitimate Authority Constitutional Authority Conclusion Notes References.

Taking religious freedom as illustrative, this essay proposes a theory of the basic freedoms that pacifies the conflict among libertarian, egalitarian, and communitarian sects of liberalism. This theory follows John Rawls’s suggestion that constitutional courts are exemplars of public reason but rejects his partisan construal of public reason in terms that only an egalitarian liberal would recognize. If, as Rawls argues, liberal pluralism is reasonable and if constitutional courts are guardians of public reason, then an ideal constitutional court will guide (...) itself by the theory of the basic freedoms that reconciles liberal pluralism with the rule of public reason. Such a theory will integrate the plurality of liberal sects into an inclusive liberalism that preserves a distinctive role for each in defining and limiting constitutional rights, while refining them of the errors resulting from their hegemonic ambitions. Liberal pluralism is thus preserved, but liberal fragmentation is overcome. Public reason is sought not through an escape from pluralism but in a logical concord among the denominations of liberalism. The way for courts to execute this concord in constitutional cases is to follow the method of reasoning they have already largely adopted. That method is proportionality review. (shrink)

¿Qué es lo que tienen de especial ciertas libertades para merecer protección constitucional frente a la regulación legal? ¿En qué se diferencian las llamadas libertades básicas de la libertad general cuya regulación por el Estado da lugar a un escrutinio de los tribunales para un propósito público válido ejercido con cierta indiferencia? ¿Qué nos enseña la especial naturaleza de las libertades básicas sobre el tipo de fines que están cualificados para limitarlas y sobre la grado de respeto que todavía les (...) debemos cuando su limitación está justificada? (shrink)

Countering the influential view of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel's legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime. At a time when there is a strong tendency among scholars to view the common law as essentially fragmentary, inconsistent, and contradictory, (...) Brudner suggests instead a coherence that synthesizes several interrelated dichotomies: good-centered and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualist attempts to found the legal enterprise. Brudner covers genuinely new ground through an interpretation of the common law from the standpoint of Hegelian legal philosophy. His unifying notion of common law corresponds to Hegel's notion of Geist, suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends. (shrink)

A fully revised edition of Brudner's classic account of the foundational structures and rationale of private law. Brudner proposes a radical unification of formalist and functionalist understandings of the law. In doing so, he rethinks the foundations of tort, contract, property and unjust enrichment as a unity of private and public law.

Since 1945, there have been two waves of Anglo-American writing on Hegel's political thought. The first defended it against works portraying Hegel as an apologist of Prussian reaction and a theorist of totalitarian nationalism. The second presented Hegel as a civic humanist critic of liberalism in the tradition of Rousseau. The first suppressed elements of Hegel's thought that challenge liberalism's individualistic premises; the second downplayed Hegel's theism. This book recovers what was lost in each wave. It restores aspects of Hegel's (...) political thought unsettling to liberal beliefs, yet that lead to a state more liberal than Locke's and Kant's, which retain authoritarian elements. It also scrutinizes Hegel's claim to have justified theism to rational insight, hence to have made it conformable to Enlightenment standards of admissible public discourse. And it seeks to show how, for Hegel, the wholeness unique to divinity is realizable among humans without concession or compromise and what role philosophy must play in its final achievement. Lastly, we are shown what form Hegel's philosophy can take in a world not yet prepared for his science. Here is Hegel's political thought undistorted. (shrink)

This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...) theory, and the conformity to moral expectation theory. It then proposes a solution: moral blamelessness exonerates because it simulates the conditions for legal exculpation. Just as the exculpated actor acknowledges the legal norm of mutual respect for agents, so does the excused actor acknowledge the public reason of the self-sufficient political community of which the legal norm is a part. The author argues that this theory would excuse the altruistic no less than the self-preferring murderer. (shrink)

This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights (...) in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts. (shrink)

‘The several modes of feeling, perception, desire, and will, so far as we are aware of them, are in general called ideas (mental representations) and it may be roughly said that philosophy puts thoughts, categories, or, in more precise language, adequate notions, in the place of generalized images we ordinarily call ideas. Mental impressions such as these may be regarded as the metaphors of thoughts and notions. But to have these figurate conceptions does not imply that we appreciate their intellectual (...) significance, the thoughts and rational notions to which they correspond. Conversely, it is one thing to have thoughts and intelligent notions, and another to know what impressions, perceptions, and feelings correspond to them’.1. (shrink)

A Hegelian Liberal Theory of the Penal Law Content Type Journal Article Category Book Review Pages 219-224 DOI 10.1007/s11572-011-9119-8 Authors Alfonso Donoso, Pontificia Universidad Cat’olica de Chile, ICP, Santiago, Chile Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791 Journal Volume Volume 5 Journal Issue Volume 5, Number 2.

How might social theory, public understanding of science and science policy best inform one another? What have been the key features of science-society relations in the modern world? How are we to re-think science-society relations in the context of globalization, hybridity and changing patterns of governance? This topical and unique book draws together the three key perspectives on science-society relations: public understanding of science, scientific and public governance, and social theory. The book presents a series of case studies (including the (...) debates on genetically modified foods and the AIDS movement in the USA) to discuss critically the ways in which social theorists, social scientists, and science policy makers deal with science-society relations. ‘Science' and 'society' combine in many complex ways. Concepts such as citizenship, expertise, governance, democracy and the public need to be re-thought in the context of contemporary concerns with globalization and hybridity. A radical new approach is developed and the notion of ethno-epistemic assemblage is used to articulate a new series of questions for the theorization, empirical study and politics of science-society relations. (shrink)

Part I. Philosophy of novels. 1. Introduction: philosophical content and literary value -- 2. Interpreting novels -- 3. The sun also rises: incompatible interpretations -- 4. The appeal of the mystery -- Part II. Philosophy in novels. 5. Moral development in Pride and prejudice -- 6. Huckleberry Finn and moral motivation -- 7. What we learn about rules from The cider house rules -- 8. Nostromo and the fragility of the self.

Many explanations in science make use of mathematics. But are there cases where the mathematical component of a scientific explanation is explanatory in its own right? This issue of mathematical explanations in science has been for the most part neglected. I argue that there are genuine mathematical explanations in science, and present in some detail an example of such an explanation, taken from evolutionary biology, involving periodical cicadas. I also indicate how the answer to my title question impacts on broader (...) issues in the philosophy of mathematics; in particular it may help platonists respond to a recent challenge by Joseph Melia concerning the force of the Indispensability Argument. (shrink)

'Working Memory, Thought, and Action' is the magnum opus of one of the most influential cognitive psychologists of the past 50 years. This new volume on the model he created discusses the developments that have occurred within the model in the past twenty years, and places it within a broader context.

Confucian scholars express skepticism about rights. This skepticism is relevant to managers who face issues about the recognition of workplace rights in a Confucian culture. My essay examines the foundations of this skepticism, and the cogency of potential leading Western liberal responses to it. I conclude that Confucian skepticism is more formidable than liberals have recognized. I attempt to craft an argument that defuses Confucian skepticism about workplace rights while at the same time respecting the moral depth of Confucianism.

In spite of a powerful tradition, more than two thousand years old, that in a valid argument the premises must be relevant to the conclusion, twentieth-century logicians neglected the concept of relevance until the publication of Volume I of this monumental work. Since that time relevance logic has achieved an important place in the field of philosophy: Volume II of Entailment brings to a conclusion a powerful and authoritative presentation of the subject by most of the top people working in (...) the area. Originally the aim of Volume II was simply to cover certain topics not treated in the first volume--quantification, for example--or to extend the coverage of certain topics, such as semantics. However, because of the technical progress that has occurred since the publication of the first volume, Volume II now includes other material. The book contains the work of Alasdair Urquhart, who has shown that the principal sentential systems of relevance logic are undecidable, and of Kit Fine, who has demonstrated that, although the first-order systems are incomplete with respect to the conjectured constant domain semantics, they are still complete with respect to a semantics based on "arbitrary objects." Also presented is important work by the other contributing authors, who are Daniel Cohen, Steven Giambrone, Dorothy L. Grover, Anil Gupta, Glen Helman, Errol P. Martin, Michael A. McRobbie, and Stuart Shapiro. Robert G. Wolf's bibliography of 3000 items is a valuable addition to the volume. (shrink)

Does mathematics ever play an explanatory role in science? If so then this opens the way for scientific realists to argue for the existence of mathematical entities using inference to the best explanation. Elsewhere I have argued, using a case study involving the prime-numbered life cycles of periodical cicadas, that there are examples of indispensable mathematical explanations of purely physical phenomena. In this paper I respond to objections to this claim that have been made by various philosophers, and I discuss (...) potential future directions of research for each side in the debate over the existence of abstract mathematical objects. (shrink)

We discuss a recent attempt by Chris Daly and Simon Langford to do away with mathematical explanations of physical phenomena. Daly and Langford suggest that mathematics merely indexes parts of the physical world, and on this understanding of the role of mathematics in science, there is no need to countenance mathematical explanation of physical facts. We argue that their strategy is at best a sketch and only looks plausible in simple cases. We also draw attention to how frequently Daly and (...) Langford find themselves in conflict with mathematical and scientific practice. (shrink)

Philosophers of mathematics have become increasingly interested in the explanatory role of mathematics in empirical science, in the context of new versions of the Quinean ‘Indispensability Argument’ which employ inference to the best explanation for the existence of abstract mathematical objects. However, little attention has been paid to analysing the nature of the explanatory relation involved in these mathematical explanations in science (MES). In this paper, I attack the only articulated account of MES in the literature (an account sketched by (...) Mark Steiner), according to which a genuine MES incorporates an explanatory proof of the mathematical result being used. The central case study involves an explanation for why bees build the cells of their honeycombs in the shape of hexagons. I make a distinction between two kinds of MES, mathematics-driven explanation in science and science-driven mathematical explanation, and argue that it is the second category which is both scientifically and philosophical more central. I conclude that the explanatory relation involved in MES is genuinely scientific and hence that the phenomenon of MES poses a challenge to general accounts of scientific explanation. (shrink)

Co-published with the University of Queensland Press. HPC holds rights in North America and U. S. Dependencies. Since its first publication in 1976, Alan Chalmers's highly regarded and widely read work--translated into eighteen languages--has become a classic introduction to the scientific method, known for its accessibility to beginners and its value as a resource for advanced students and scholars. In addition to overall improvements and updates inspired by Chalmers's experience as a teacher, comments from his readers, and recent developments (...) in the field, this fourth edition features an extensive chapter-long postscript that draws on his research into the history of atomism to illustrate important themes in the philosophy of science. Identifying the qualitative difference between knowledge of atoms as it figures in contemporary science and metaphysical speculations about atoms common in philosophy since the time of Democritus offers a revealing and instructive way to address the question at the heart of this groundbreaking work: What is this thing called science? (shrink)

In this new edition of his acclaimed autobiography — long out of print and rare until now — Alan Watts tracks his spiritual and philosophical evolution from a child of religious conservatives in rural England to a freewheeling spiritual teacher who challenged Westerners to defy convention and think for themselves. From early in this intellectual life, Watts shows himself to be a philosophical renegade and wide-ranging autodidact who came to Buddhism through the teachings of Christmas Humphreys and D. T. (...) Suzuki. Told in a nonlinear style, In My Own Way wonderfully combines Watts’ own brand of unconventional philosophy and often hilarious accounts of gurus, celebrities, psychedelic drug experiences, and wry observations of Western culture. A charming foreword written by Watts’ father sets the tone of this warm, funny, and beautifully written story of a compelling figure who encouraged readers to “follow your own weird” — something he always did himself, as his remarkable account of his life shows. (shrink)

The desire to minimize the number of individual new entities postulated is often referred to as quantitative parsimony. Its influence on the default hypotheses formulated by scientists seems undeniable. I argue that there is a wide class of cases for which the preference for quantitatively parsimonious hypotheses is demonstrably rational. The justification, in a nutshell, is that such hypotheses have greater explanatory power than less parsimonious alternatives. My analysis is restricted to a class of cases I shall refer to as (...) additive. Such cases involve the postulation of a collection of qualitatively identical individual objects which collectively explain some particular observed phenomenon. Especially clear examples of this sort occur in particle physics.1Introduction2Particle physics: a case study3Three kinds of simplicity4Explanatory power5Explanation and non‐observation6Parsimony and scientific methodology7Conclusions. (shrink)

Alan Bailey offers a clear and vigorous exposition and defence of the philosophy of Sextus Empiricus, one of the most influential of ancient thinkers, the father of philosophical scepticism. The subsequent sceptical tradition in philosophy has not done justice to Sextus: his views stand up today as remarkably insightful, offering a fruitful way to approach issues of knowledge, understanding, belief, and rationality. Bailey's refreshing presentation of Sextus to a modern philosophical readership rescues scepticism from the sceptics.

According to one popular nominalist picture, even when mathematics features indispensably in scientific explanations, this mathematics plays only a purely representational role: physical facts are represented, and these exclusively carry the explanatory load. I think that this view is mistaken, and that there are cases where mathematics itself plays an explanatory role. I distinguish two kinds of explanatory generality: scope generality and topic generality. Using the well-known periodical-cicada example, and also a new case study involving bicycle gears, I argue that (...) what is picked out by the mathematics are structural facts that go beyond any specific physical facts. (shrink)

Comparative constructions form two classes, those that permit direct comparisons (comparisons of measurements as in Seymour is taller than he is wide) and those that only allow indirect comparisons (comparisons of relative positions on separate scales as in Esme is more beautiful than Einstein is intelligent). In contrast with other semantic theories, this paper proposes that the interpretation of the comparative morpheme remains the same whether it appears in sentences that compare individuals directly or indirectly. To develop a unified account, (...) I suggest that all comparisons (whether in terms of height, intelligence or beauty) involve a scale of universal degrees that are isomorphic to the rational (fractional) numbers between 0 and 1. Crucial to a unified treatment, the connection between the individuals being compared and universal degrees involves two steps. First individuals are mapped to a value on a primary scale that ranks individuals with respect to the gradable property (whether it be height, beauty or intelligence). Second, the value on the primary scale is mapped to a universal degree that encodes the value’s relative position on the primary scale. Direct comparison results if measurements such as seven feet participate in the primary scale (as in Seven feet is tall). Otherwise the result is an indirect comparison. (shrink)